Starting a New Relationship – pre-nuptial and pre-civil partnership agreements

As the name suggests, a pre-nup is an agreement made between prospective spouses before the marriage takes place.  A properly prepared pre-nup can help provide certainty as it can cover a whole range of issues, dealing with how property and assets should be divided in the event of divorce.

Pre-nups are not just used by the super-wealthy.  There are a number of different reasons for wanting to have a pre-nup.  Common reasons include:

• Wanting to preserve inherited wealth, for example farming assets
• Protecting trusts assets, sometimes as part of a coordinated family approach
• On a second or subsequent marriage, seeking to protect pre-acquired wealth for the benefit of existing children
• Protecting a particular asset or group of assets, for example business assets
• Where one party is bringing significant wealth to the relationship compared to the other party
• Even where the parties are evenly matched financially, as a clear financial management exercise to specify intentions and provide certainty
• Simply to try and avoid the experience of another costly, stressful and protracted divorce

Many of our cases involve trust interests or wider issues of inheritance and estate planning.  We provide you with an holistic service by drawing on the expertise of colleagues in our Trusts, Wills and Estates team, to provide in-house advice about trusts, wills and estate planning, in conjunction with our family law advice.